QCE Legal StudiesPractice Examination 1

This paper covers

• Racial Discrimination Act 1975 (Cth) — structure, key provisions (ss 9, 10, 18C), and enforcement mechanisms
• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 — Articles 1, 2, 4, 5, 6, and special measures under Article 1(4)
• Australian Human Rights Commission — role, complaint process, conciliation, and limitations in employment discrimination contexts
• Racial discrimination in employment — direct and indirect discrimination, burden of proof, and access to justice
• Three generations of human rights and the justiciability of international obligations in Australian domestic law
• UN treaty body system — CERD Committee, periodic reporting, concluding observations, and enforcement limitations
• Queensland Anti-Discrimination Act 1991 — interaction with federal Racial Discrimination Act 1975
• Special measures doctrine — Article 1(4) ICERD and s 8 RDA: purpose, scope, and controversy in employment contexts
• Law reform criteria — justice, fairness, accessibility, effectiveness, and proportionality applied to anti-racial-discrimination frameworks
• Key cases — Mabo v Queensland (No 2) (1992), Maloney v The Queen (2013), Toben v Jones (2003), Creek v Cairns Post (2001), Hagan v Trustees of the Toowoomba Sports Ground Trust (2000)

Students are permitted to bring into the examination the materials normally allowed for this subject. Answer all questions in the spaces provided.

This is an ATARMAxxing practice paper. It is not an official examination and is not affiliated with, endorsed by, or produced by the VCAA, NESA or the QCAA.